Also known as:tenants for life · life tenant · life tenants
Written by attorneys · grounded in primary & secondary sources — see below
A present freehold estate whose duration is measured by the life of one or more designated human beings. The estate terminates automatically upon the death of the measuring life or lives and is not inheritable.
Sources & Authorities· 10 sources
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Restatements
Casebooks
How it applies
Common Examples
6
Servitude Burden on Life Tenant
Thomas Thompson conveyed Blackacre to his neighbor Tanya Tang for life while reserving an easement for access across the parcel. Tanya later leased the land to a farming company. The easement bound Tanya as the life tenant and continued to burden the property during her possession.
Conveyance Creating Interest for Issue
Tanner Thompson conveyed Greenacre to his daughter Tristan Thompson for life with further language directing the land to her issue upon her death. The conveyance created an estate in favor of Tristan's children as the designated class following the life estate.
Trevor Tate granted an affirmative covenant requiring maintenance of a shared driveway to his sister Travis Tate for life. The covenant bound Travis only to the extent permitted by the specific rules governing life tenants and did not automatically extend beyond her estate.
Sale of Land Under Life Estate
Thomas Thompson held a life estate in a family farm while his grandchildren held remainder interests. When the farm became unproductive, Thomas petitioned the court to sell the property and invest the proceeds for his support during the measuring life.
Baker v. Weedon262 So. 2d 641
Gift of Remainder Interest
Tanya Tang executed a deed conveying a painting to her son Tanner Thompson while retaining a life estate for herself. The deed transferred a present remainder interest to Tanner even though possession remained with Tanya until her death.
Gruen v. Gruen496 N.E.2d 869
Escheat of Fractional Interests
Tristan Thompson inherited fractional interests in allotted Indian land subject to a life estate held by an elderly relative. Upon the relative's death the fractional interests passed according to federal rules governing descent and escheat of such parcels.
Hodel v. Irving481 U.S. 704 (1987)
Common questions
Frequently Asked
3
What happens to a life tenant's interest when the measuring life ends?+
The life estate terminates automatically by operation of law. No interest passes to the life tenant's heirs or devisees because the estate is not inheritable.
Can a life tenant devise the estate by will?+
No. A life estate measured by the tenant's own life ends at death and leaves nothing for the will to pass. The estate reverts to the grantor or passes to the remainderman.
Does a life estate measured by another person's life continue after the life tenant dies?+
Yes. When the estate is measured by a third party's life it is a life estate pur autre vie. The interest passes to the original life tenant's successors and continues until the measuring life ends.
496 N.E.2d 869Property
…however, which make them distinguishable. Once the gift is made it is irrevocable and the donor is limited to the rights of a life tenant not an owner. Moreover, with the gift of a remainder title vests immediately in the donee and any possession is postponed until the donor’s death whereas under a will neither title nor…